Unison to Judicially Review ‘Brutal’ Employment Tribunal Fees – UK Human Rights Blog

“News that Unison has applied for Judicial Review of the Government’s controversial plans to introduce fees in the Employment Tribunal has gone viral in the Labour Law community. A key theme in the application is access to justice for working people, particularly women.”

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UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

Pressure grows on Lord Leveson to explain why he ignored hacking beyond the press – The Independent

Posted June 24th, 2013 in evidence, inquiries, interception, media, news, police, privacy, private investigators by sally

“Lord Justice Leveson is facing mounting questions over why he decided to ignore a bombshell report detailing serious and widespread corruption among police and private investigators that was passed to his inquiry.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Roundtable: future of the bar – Law Society’s Gazette

Posted June 24th, 2013 in barristers, debts, diversity, legal aid, legal education, news, pupillage by sally

“The fortunes of commercial and publicly funded barristers could hardly be more divergent at present. But it is not simply a ‘tale of two bars’. The bar’s monied and impecunious sections are co-dependent, according to those present at the Gazette’s roundtable discussion on the future of the bar. That division in fortunes is not new. But it has increased, and if further legal aid cuts follow, will become even more dramatic. As the discussion starts, it is noted that of 1,700 students emerging from bar school each year, perhaps fewer than 400 will secure pupillages – a modern low.”

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Law Society’s Gazette, 24th June 2013

Source: www.lawgazette.co.uk

The legal loopholes that allow GCHQ to spy on the world – The Guardian

“William Hague has hailed GCHQ’s ‘democratic accountability’, but legislation drafted before a huge expansion of internet traffic appears to offer flexibility.”

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The Guardian, 21st June 2013

Source: www.guardian.co.uk

Free speech rights should influence CPS decisions on whether to prosecute over social media communications, says guidance – OUT-LAW.com

“Prosecutors should be mindful of observing individuals’ rights to free speech when deciding whether to initiate legal action against them over grossly offensive, indecent, obscene or false comments made on social media, according to new guidelines.”

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OUT-LAW.com, 21st June 2013

Source: www.out-law.com

An ABC on proportionality – with Bank Mellat as our primer – UK Human Rights Blog

Posted June 24th, 2013 in banking, EC law, human rights, Iran, news, proportionality, Supreme Court by sally

“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”

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UK Human Rights Blog, 22nd June 2013

Source: www.ukhumanrightsblog.com

There’s no place like home – NearlyLegal

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

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NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

It pays to use slave labour, says watchdog – The Independent

“Sentences for criminal bosses who use forced labour are ‘unduly lenient’ and do not deter modern slavery, the head of Britain’s worker exploitation watchdog believes.”

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The Independent, 23rd June 2013

Source: www.independent.co.uk

Help us unmask more violent men, police urge women after low take-up of ‘Clare’s Law’ scheme – The Independent

Posted June 24th, 2013 in domestic violence, news, pilot schemes, police, statistics, women by sally

“Women worried about potentially violent partners are being urged to contact the police following the low take-up of a scheme designed to reveal the histories of domestic abusers.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Bar chief calls for royal commission – Law Society’s Gazette

“More than two decades after the Runciman Commission was set up following high-profile miscarriages of justice, the chairman of the Bar Council has called for a royal commission to conduct a root-and-branch review of the criminal justice system.”

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Law Society’s Gazette, 24th June 2013

Source: www.lawgazette.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

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The Independent, 24th June 2013

Source: www.independent.co.uk

Owners could face court if dog bites child fetching a ball – Daily Telegraph

“Home owners have been warned that they could face prosecution if their dog scares a child that strays into their garden to retrieve a football.”

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Daily Telegraph, 24th June 2013

Source: www.telegraph.co.uk

New antisocial measures won’t work, says Government’s Victims’ Commissioner – The Independent

Posted June 24th, 2013 in ASBOs, complaints, news, police, victims by sally

“The woman appointed by David Cameron to represent victims of crime, whose husband was killed by a gang of youths, has criticised two key aspects of the Government’s new antisocial behaviour reforms.”

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The Independent, 23rd June 2013

Source: www.independent.co.uk

Soca alleged to have suppressed report of hacking by companies and law firms – The Guardian

“The Serious and Organised Crime Agency (Soca) has withheld from MPs information about the criminal activity of large British firms, it has been alleged.”

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The Guardian, 22nd June 2013

Source: www.guardian.co.uk

Court of appeal quashes the convictions of four victims of human trafficking and releases new guidelines to protect others – The Independent

“Victims of the ‘vile’ offence of human trafficking who become involved in crime should have their cases dealt with by the justice system with the ‘greatest sensitivity’, leading judges said today.”

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The Independent, 21st June 2013

Source: www.independent.co.uk

New guidance on DNR orders brought forward – The Guardian

Posted June 24th, 2013 in consent, families, judicial review, medical ethics, medical treatment, news by sally

“Guidance to doctors and nurses on decisions about whether or not to resuscitate patients is being reviewed amid concerns over whether it is being properly implemented.”

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The Guardian, 21st June 2013

Source: www.guardian.co.uk

Daily Mail to pay £125,000 libel damages over TV psychic ‘scam’ claim – The Guardian

Posted June 20th, 2013 in damages, defamation, media, news, psychics by sally

“The Daily Mail has apologised and agreed to pay £125,000 in libel damages to a TV psychic it falsely accused of using a hidden earpiece to scam a theatre audience.”

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The Guardian, 20th June 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 20th, 2013 in law reports by sally

Supreme Court

Cusack v London Borough of Harrow [2013] UKSC 40 (19 June 2013)

Smith & Ors v The Ministry of Defence [2013] UKSC 41 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 1) [2013] UKSC 38 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 2) [2013] UKSC 39 (19 June 2013)

Court of Appeal (Civil Division)

Walsh v Shanahan & Ors [2013] EWCA Civ 675 (19 June 2013)

Cravecrest Ltd. v Second Duke of Westminster, Trustees of the Will of & Anor [2013] EWCA Civ 731 (19 June 2013)

Antonio Gramsci Shipping Corporation & Ors v Lembergs [2013] EWCA Civ 730 (19 June 2013)

Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 (19 June 2013)

High Court (Queen’s Bench Division)

The Northampton Regional Livestock Centre Company Ltd v Cowling & Anor [2013] EWHC 1720 (QB) (19 June 2013)

Loughlin v Singh & Ors [2013] EWHC 1641 (QB) (19 June 2013)

High Court (Chancery Division)

McNally, In the matter of the Insolvency Act 1986 [2013] EWHC 1685 (Ch) (17 June 2013)

High Court (Administrative Court)

Duffy, R (on the application of) v HM Deputy Coroner for the County of Worcestershire & Anor [2013] EWHC 1654 (Admin) (19 June 2013)

High Court (Commercial Court)

British Airways Plc & Anor v Sindicato Espanol De Pilotos De Lineas Aereas & Anor [2013] EWHC 1657 (Comm) (20 June 2013)

Telfer v Sakellarios [2013] EWHC 1556 (Comm) (19 June 2013)

Source: www.bailii.org

Tenant was able to remove items it had installed in property, High Court rules – OUT-LAW.com

Posted June 20th, 2013 in energy, landlord & tenant, news by sally

“A recent High Court decision in which a tenant was entitled to remove large items it had installed on rented premises will provide comfort to developers in the energy and minerals sectors, an expert has said.”

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OUT-LAW.com, 20th June 2013

Source: www.out-law.com

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

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UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com